Both. The judge will review the entire criminal case record in making the determination.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
It really dependso on the context. For most immigration matters, the level of the conviction is more important than the actual charge. However, there are instances in which the government will try to reach back to the initial charge to establish the actual conviction is different. For example, a disorderly conduct involving a relative who lives with the person has been argued in some areas to qualify as a domestic offense. The other variable is not the offense, but the sentence. Petty misdemeanors almost have no immigration effect by themselves, but can combine with other criminal history to create an immmigration law concern. All contact with the criminal justice system requires careful consideration of the charge, the proposed outcome, and the person's history.
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